Agenda and draft minutes

To elect a Chair for the Sub-Committee.

Councillor L J Kennedy was elected as Chair of the Sub-Committee.

It may be necessary to pass a resolution to exclude the press and public

having reflected on Article 12 12.02(d) (a presumption in favour of

openness) of the Constitution. This decision may be required because

consideration of this matter in public may disclose information falling

within one of the descriptions of exempt information in Schedule 12A to

the Local Government Act 1972. The Regulatory Sub Committee will

need to decide whether, in all the circumstances of the case, the public

interest in maintaining the exemption, outweighs the public interest in

disclosing the information.

To consider passing the following resolution so that exempt information

may be discussed:

Recommended by the Proper Officer that under Section 100A(4) of the

Local Government Act 1972 the public be excluded from the next item of

business on the grounds that it involves the likely disclosure of exempt

information as defined in paragraph 1 respectively of Part 1 of Schedule

12A of the Act, namely information relating an individual.

Prior to consideration of a report from the Corporate Manager for Public Health, Regulation and Housing to consider whether or not a license holder was fit and proper to hold a licence with Mid Devon District Council the Sub-Committee discussed whether or not the hearing should be held in public or private. Members considered the circumstances of the case and agreed that the hearing should be conducted in closed session. The following resolution was therefore passed:

ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC

RESOLVED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual.

Mid Devon District Council (the Council) is responsible for licensing the Hackney Carriage and Private Hire trade in Mid Devon.

The Licensing Team have information which may call in to question the applicant’s suitability to hold a licence. The Sub-Committee must decide whether or not the individual remains fit and proper to hold a licence with this authority.

Members of the Sub-Committee and officers introduced themselves.

The Chair confirmed that the Sub-Committee had received and read the relevant paperwork in relation to the application and stated that there were no interests to declare. The key aims and objectives of the Hearing were stated and the safety of the public was explained as being the key priority in considering whether or not an applicant or licence holder was ‘fit and proper’. The Sub-Committee needed to satisfy themselves that in all circumstances of the case an applicant or licence holder was a ‘fit and proper’ person to hold a Licence with Mid Devon District Council.

The Specialist Lead (Licensing) outlined the contents of the report, explaining the responsibility of the Local Authority and the relevant facts in relation to the application.

The Members of the Sub-Committee then listened to the licence holder’s presentation of their case, asked several relevant questions by way of clarification and subsequently withdrew to consider their decision.

The Sub-Committee therefore RESOLVED that:

1. Four penalty points be applied to the Hackney Carriage/Private Hire Driver Licence for contravening Code D2 “Driver not behaving in a civil and orderly manner”.

2. That the driver must carry out safeguarding training prior to the expiry of the licence on 31 July 2025.

3. That in relation to the Hackney Carriage Vehicle Licence a warning be issued as to the driver’s future conduct.

The warning to be: that the driver needs to ensure that he is mindful of the Hackney Carriage and Private Hire Licensing Policy and the Code of Conduct at all times. This warning to last for a period of 12 months.